AVOIDING LIABILITY BLOG

Contact with Patients Between Sessions Curtailed in California: A Dangerous Precedent

At the beginning of the professional relationship between psychotherapist and patient it is important for practitioners to think about [...]

Resort to Court System an Option When Board of Nursing Decision is Problematic

Denise Campbell, LPN, worked at a Florida assisted living facility.  When one of the facility’s resident was found unresponsive in the [...]

What is Sexual Harassment and Avoiding it in Fitness Facilities

Sexual harassment is in the news.  Allegations of inappropriate and unlawful conduct based upon sexual conduct currently permeate [...]

Patient Access to Treatment Records

While mental health treatment records are owned by the practitioner (assuming a private practitioner/sole proprietorship), patients [...]

Nursing Documentation Key to Avoidance of Liability

You have probably heard ad nauseaum that good documentation of nursing care is essential for many reasons, one being avoiding potential [...]

Injury from Swinging Kettlebell Results in Suit Which Withstands Summary Judgment Motion

In a case from New York,[1] the plaintiff was injured when he was struck in the back of his head by a kettlebell being swung by another [...]

Cyber Liability: Laptop Theft and Other PHI Breach Risks

Mental and allied health providers, especially business entities, have a heightened cyber security risk exposure because we're not just [...]

Are There Limits to a Nurse’s Duty to Advocate for Patients?

In the following case1, an LPN and a charge nurse’s attempted management of a patient centered on their respective duty to protect the [...]

If You Have an AED, Do You Have to Use It?

Perhaps the better question presented by this title should be the question of whether an AED should be used rather than if it has to be [...]

Privilege and Confidentiality – A Deeper Look

In the September 2017 issue of this Avoiding Liability Bulletin, I raised several questions regarding the related but different [...]

Effective Communication Among Team Members Essential in Avoiding Patient Injury or Death

Effective communication among nursing staff and other caregivers on the patient care team have been the subject of several previous [...]

Preparing Personal Trainers for Client Service – Education, Certification and/or Practical Training?

The fitness industry has been focused on the qualifications of fitness professionals, particularly personal fitness trainers, for many [...]

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